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asset class has become less costly over time. We define costs as the difference between gross and net returns (return spread …-based fees, surprisingly, the cost of PE investing has increased. We relate the higher costs to increased levels of dry powder …
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The franchisor-franchisee relationship is unique in that it has characteristics of both an arm's length business transaction as well as an ongoing business relationship. As time goes by, however, the interests of the parties may diverge. It is in the franchisees' interest to make their...
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It is often said that the private sector is in a good position to manage project costs and meet deadlines, but not …
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decision theory to more fully explain both why the conventional law focuses on minimizing the risk of false-positive outcomes … and why the modern law should be crafted to minimize total probate-error risk. Decision theory suggests that, to identify … the proper goal of a decision-making process, one must compare the error costs of false-positive outcomes and false …
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The traditional framework of U.S. private law that every first-year student learns is that contracts and torts are different realms: contracts is the realm of strict liability and tort, of fault. Contracts, we learn from the writings of Holmes and Posner, are best viewed as options: they give...
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This chapter considers the landmark status of the House of Lords in Thorner v Major [2009] UKHL 18, understanding it as an example of story-telling in the law. The chapter explores the issues surrounding the equitable doctrine of proprietary estoppel, as it applies in particular in the context...
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In the 2007-2008 financial crisis, over-the-counter (OTC) derivatives triggered the collapse of colossal financial institutions. In response, global policymakers instituted clearinghouse mandates. As a result, all standardized OTC derivatives must now use clearinghouses, and global financial...
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